- 1 - HC-KAR CNR: KAHC010726022025 NC: 2026:KHC:38967-DB RP No. 487 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2026 PRESENT THE HON'BLE MR. JUSTICE JAYANT BANERJI AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU REVIEW PETITION NO. 487 OF 2025 BETWEEN: 1. GOPAL N CHUGH, S/O LATE NICHALDAS, SINCE DECEASED BY HIS LRS, 1(a). NEETA G CHUGH, W/O LATE GOPAL N. CHUGH, AGED ABOUT 68 YEARS, 2(b). SRI SANJAY CHUGH, S/O LATE GOPAL N. CHUGH, AGED ABOUT 50 YEARS, 3(c). SRI AMIT CHUGH, S/O LATE GOAPAL N. CHUGH, AGED ABOUT 45 YEARS, ALL ARE R/AT: NO.1901, 19TH BLOCK, “EMBASSY HABITAT”, NEXT TO MOUNT CARMEL COLLEGE, VASANTHNAGAR, BANGALORE-560 052. …PETITIONERS (BY SRI.K.B.S.MANIAN, ADVOCATE FOR SRI.M.S.NARAYAN, ADVOCATE) AND: 1. SRI KAMLESH, S/O PRAKASH NICH, AGED ABOUT 39 YEARS, R/AT: NO.34 B, 8TH BLOCK, KORAMANGALA VILLAGE, BANGALORE-560 037. Digitally signed by K S RENUKAMBA Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010726022025 NC: 2026:KHC:38967-DB RP No. 487 of 2025 2. SMT PADMINI, W/O PRAKASH NICHANI, AGED ABOUT 63 YEARS, R/AT: NO.30, ASHOKNAGAR, BAZAR STREET, BRIGADE ROAD, BANGALORE-560 025. 3. SMT VANDANA G. THAKUR @ N. SHOBHA, W/O GOPALDAS D. TAKUR, AGED ABOUT 71 YEARS, R/AT: 2ND MAIN ROAD CROSS, GANDHINAGAR, TIPTUR, TUMKUR DISTRICT. 4. SMT RAJKUMARI @ SANGEETA, W/O SRI RAMESH LAL, AGED ABOUT 69 YEARS, CHANBRIA, C/O TEKCHAND AND CO., ITWARI BAZAR, NAGPUR-440 002. 5. SRI MURULI N. CHUGH @ GULLY @ GULAM MOHAMMED, S/O LATE NICHALDAS, AGED ABOUT 65 YEARS, R/AT: NO.25/56, NEW BAGLUR LAYOUT, 3RD MAIN, LINGARAJAPURAM, BANGALORE-560 005. …RESPONDENTS (R4 & R5 ARE SERVED) THIS REVIEW PETITION IS FILED UNDER ORDER XLVII RULE 1 R/W SECTION 114 OF CPC PRAYING TO REVIEW THE JUDGMENT DATED 21.01.2015 PASSED IN R.F.A.NO.1374/2009 C/W RFA CROB 29/2013 DISMISSING BOTH THE APPEAL AND THE CROSS OBJECTION, IN THE INTEREST OF JUSTICE AND EQUITY. THIS REVIEW PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI and HON'BLE MS. JUSTICE TARA VITASTA GANJU - 3 - HC-KAR CNR: KAHC010726022025 NC: 2026:KHC:38967-DB RP No. 487 of 2025 ORAL ORDER (PER: HON'BLE MR. JUSTICE JAYANT BANERJI) 1. Heard learned Counsel for the applicants on I.A.No.1/2025. There are two applications filed on 05.11.2025 both numbered as I.A.No.1/2025 seeking condonation of delay of 3938 days in filing the review petition. In the affidavit it is stated as follows: “1. I state that I am the 1st Petitioner in the above review petition. 2. I state that the impugned judgment upholding the judgment of the Trial Court in O.S No. 8516/1999 dated 21.01.2015 was challenged in collateral proceedings in FDP No. 141/2009 on the ground that the same is a nullity and without jurisdiction. An IA No.7 was filed in FDP No.141/2010 the said application came to be rejected. True copy of the same is annexed to this application. The petitioners being aggrieved of the said order approached the Hon'ble High Court order in W.P No.10032/2019 (GM-CPC), the said Writ petition came to be dismissed as having become infructuous, since FDP No.141/2010 was disposed off. True copy of the order dated 20.09.2022 is Annexed to this application. Subsequently, RFA 1979/2021 was filed on 27.10.2021 against the order dated 23.08.2021 - 4 - HC-KAR CNR: KAHC010726022025 NC: 2026:KHC:38967-DB RP No. 487 of 2025 passed in FDP No.141/2010 on the file of VI Addl. City Civil and Sessions Judge, allowing the petition filed under order XXII Rule 18 R/w section 151 of CPC. 3. I state that the said challenge culminated in an appeal filed before this Hon'ble Court in RFA No.1979/2021 arising out of FDP 141/2009. 4. I state that the said appeal was dismissed vide judgment dated 20.08.2025. 5. I state that in the said judgment, the division bench of this Hon'ble Court had held that the grounds raised therein had to be availed of in the appeal bearing RFA No. 1374/2009 disposed by the impugned judgment. The said judgment dated 20.08.2025 in RFA 1979/2021 is produced herewith. 6. I state that I have Bonafide and with due diligence challenged the impugned judgment before the Court dealing with the FDP proceedings and in appeal therefrom before this Hon'ble Court. 7. I state that in the circumstances this Hon'ble Court may be pleased to condone the delay in filing of the above review petition.” - 5 - HC-KAR CNR: KAHC010726022025 NC: 2026:KHC:38967-DB RP No. 487 of 2025 2. In the review petition, review of the judgment dated 21.01.2015 passed in R.F.A.No.1374/2009 connected with R.F.A.Crob.No.29/2013 is sought to be reviewed. 3. In our considered opinion, this review petition cannot be entertained after such a delay. I.A.No.1/2025 is therefore dismissed. Since the application is dismissed, the review petition stands rejected. Other pending I.A.s stand rejected accordingly. Sd/- (JAYANT BANERJI) JUDGE Sd/- (TARA VITASTA GANJU) JUDGE KSR List No.: 1 Sl No.: 4